Florida Medical Malpractice Statute of Limitations

The deadline rule, discovery rule, minor tolling, and notice-of-claim requirements — in plain English, with a calculator at the bottom.

Baseline SOL — Florida Medical Malpractice
2 years

§95.11(4)(b); Chapter 766, Florida Statutes

What the rule actually says

2 years from incident OR discovery, with a 4-year REPOSE cap (7 years if fraud/concealment is pleaded). Florida requires a **pre-suit investigation under §766** including a qualified expert corroboration BEFORE filing. Minor tolling: under 8 = until age 8 (one of the shorter minor-tolling provisions nationally; aggressive plaintiff attorneys challenge this on constitutional grounds). Required pre-suit notice of intent to sue must be served.

Missed-SOL risk

Missing a statute of limitations is the #1 malpractice claim against plaintiff attorneys. In Florida, the baseline is 2 years — but the tolling doctrines above can extend or shorten that. Calculate the exact deadline for YOUR case facts using the free tool:

Run the calculator for your Florida case

Enter the incident date, discovery date, minor flag, and government-entity flag. Get the deadline in 10 seconds.

Calculate my deadline →

Need more than a deadline?

MedLegal AI runs the same SOL analysis against your actual case files — then keeps going: chronology, damages model, demand letter, discovery drafting, expert opinion. 23 tools, single login, starts at $49/mo. Zero hallucinated citations (CourtListener-grounded).

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